BY SENATORS Wham and Hopper;
also REPRESENTATIVE Epps.
CONCERNING A REQUIREMENT FOR LICENSURE OF PHYSICIANS
LAWFULLY PRACTICING MEDICINE IN ANOTHER JURISDICTION WHO PERFORM
ACTS CONSTITUTING THE PRACTICE OF MEDICINE ON PERSONS PHYSICALLY
PRESENT IN COLORADO AT THE TIME SUCH ACTS ARE PERFORMED.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1236106
(1) (a) and (3) (b), Colorado Revised Statutes, are amended, and
the said 1236106 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
1236106. Practice of medicine
defined exemptions from licensing requirements repeal.
(1) For the purpose of this article, "practice
of medicine" means:
(a) Holding out one's self to the public
within this state as being able to diagnose, treat, prescribe
for, palliate, or prevent any human disease, ailment, pain, injury,
deformity, or physical or mental condition, whether by the use
of drugs, surgery, manipulation, electricity, TELEMEDICINE, THE
INTERPRETATION OF TESTS, INCLUDING PRIMARY DIAGNOSIS OF PATHOLOGY
SPECIMENS, IMAGES, OR PHOTOGRAPHS, or any physical, mechanical,
or other means whatsoever;
(3) Nothing in this section shall be construed
to prohibit, or to require a license under this article with
respect to, any of the following acts:
(b) The rendering of services in this
state by a physician lawfully practicing medicine in another state
or territory, WHETHER OR NOT SUCH PHYSICIAN IS IN COLORADO, but
if any such physician does not limit such services to an occasional
CONSULTATION OR case or if he
SUCH PHYSICIAN has any established or regularly used hospital
connections in this state or if he
SUCH PHYSICIAN IS PARTY TO ANY CONTRACT, AGREEMENT, OR UNDERSTANDING
TO PROVIDE THE SERVICES DESCRIBED IN PARAGRAPH (a) OF SUBSECTION
(1) OF THIS SECTION OR IF SUCH PHYSICIAN maintains or is provided
with for his OR HER regular use any office or other place for
the rendering of such services, he
SUCH PHYSICIAN shall possess a license to practice medicine in
this state;
(3.2) NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT PATIENT CONSULTATION BETWEEN A PRACTICING
PHYSICIAN LICENSED IN COLORADO AND A PRACTICING PHYSICIAN LICENSED
IN ANOTHER STATE OR JURISDICTION.
SECTION 2. 1236106
(3), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
1236106. Practice of medicine
defined exemptions from licensing requirements repeal.
(3) Nothing in this section shall be construed to
prohibit, or to require a license under this article with respect
to, any of the following acts:
(u) (I) THE PROVISION, TO A TREATING
PHYSICIAN LICENSED IN THIS STATE, OF THE RESULTS OF LABORATORY
TESTS, EXCLUDING HISTOPATHOLOGY TESTS AND CYTOLOGY TESTS, PERFORMED
IN A LABORATORY CERTIFIED UNDER THE FEDERAL "CLINICAL LABORATORIES
IMPROVEMENT ACT OF 1967", AS AMENDED, 42 U.S.C. SEC. 263a,
TO PERFORM HIGH COMPLEXITY TESTING, AS SUCH TERM IS USED IN 42
C.F.R. 493.1701 AND ANY RELATED OR SUCCESSOR PROVISION.
(II) THE PROVISION, TO A PATHOLOGIST LICENSED IN THIS STATE, OF THE RESULTS OF HISTOPATHOLOGY TESTS AND CYTOLOGY TESTS PERFORMED IN A LABORATORY CERTIFIED UNDER THE FEDERAL "CLINICAL LABORATORIES IMPROVEMENT ACT OF 1967", AS AMENDED, 42 U.S.C. SEC. 263a, TO PERFORM HIGH COMPLEXITY TESTING, AS SUCH TERM IS USED IN 42 C.F.R. 493.1701 AND ANY RELATED OR SUCCESSOR PROVISION.
SECTION 3. Effective
date applicability. This act shall take effect July
1, 1998, and shall apply to acts committed on or after said date.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO